The People of the State of New York, Respondent, v. Anthony Roosevelt, Defendant-Appellant.

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Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Respondent, v. Anthony Roosevelt, Defendant-Appellant.

4089

Decided: January 20, 2011

Tom, J.P., Mazzarelli, Friedman, Renwick, DeGrasse, JJ. Steven Banks, The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Craig A. Ascher of counsel), for respondent.

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Order, Supreme Court, New York County (Lewis Bart Stone, J.), entered on or about April 13, 2007, which denied defendant's motion for resentencing under the Drug Law Reform Act of 2005 (L 2005, ch 643), unanimously affirmed.

Defendant incurred serious disciplinary infractions while incarcerated and was therefore ineligible to earn merit time under Correction Law § 803(1)(d).  Accordingly, he is not eligible for resentencing under the DLRA (see People v. Paniagua, 45 AD3d 98 [2007], lv denied 9 NY3d 992 [2007] ).   In any event, the record supports the court's conclusion that substantial justice would dictate the denial of the application.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK